question regarding eviction notice

debtandme

Hi, a friend of mine has been given a eviction notice, only dated yesterday so 10.06.2011.

She has been told to vacate on the 21.07.2011, i thought it had to be two months notice? Is this right??

Help and advice would be much appreciated

Thanks

BitterAndTwisted

Yes, if your friend is on a periodic tenancy the landlord is obliged to give two month's notice. What form does this "eviction notice" take?

What are the exact dates on the original AST?

pmlindyloo

BitterandTwisted is right (sorry, don't mean to sound patronising!) but only if she is on a periodic tenancy.

I wasn't sure whether your friend is a lodger or tenant from your question.

Perhaps you could give us a bit more information.

Does your friend have an Assured shorthold tenancy or some other agreement?

If we can establish the exact circumstances of her housing sitution and what she has received as regards the 'eviction notice' then we can make sure you have the correct information.

tbs624

pmlindyloo wrote: »

BitterandTwisted is right (sorry, don't mean to sound patronising!) but only if she is on a periodic tenancy...

Erm...S21 aligned with end of a Fixed Term AST?

OP - welcome as a newbie poster As the others have said, you'll need to give some more precise info on the current tenancy terms for any useful suggestions to be given.

You'll also need to confirm whether the property is in Eng/Wales or in Scotland.

If in Eng/Wales has your friend paid a tenancy deposit to the LL and, if yes, has the LL scheme registered it as required by law? ( A LL is unable to serve a valid S21 Notice requiring possession of the property is a tenancy deposit has not been registered ( & remains so).

Your friend should note that even when a LL's Notice has been correctly served the T does not have to leave until a subsequent court order says that s/he must.

pmlindyloo

''Erm...S21 aligned with end of a Fixed Term AST?''

Yes, of course! (And thank you for putting it so nicely!) Shouldn't have put in the 'only'!

Did know this (honest!) but didn't want to go into more until OP provided some more info.

Very badly worded on my part - must do better!

may_fair

debtandme wrote: »

Hi, a friend of mine has been given a eviction notice, only dated yesterday so 10.06.2011.

She has been told to vacate on the 21.07.2011, i thought it had to be two months notice? Is this right??

If your friend has an assured shorthold tenancy in England/Wales, and LL has served a s.21 notice, it must give at least two months. If served within the fixed term, it cannot expire before the end of the fixed term (unless there's a break clause). If served when the AST is periodic, it must also expire at the end of a tenancy period.

A s.21 is not an 'eviction notice' or a notice to quit; it does not end the tenancy nor does it oblige T to vacate. It merely entitles the LL to apply to the court for a possession order after notice expiry.

If your friend is a lodger, lives in Scotland, etc, then different laws apply.